Disparate Impact: The Prima Facie Case
WASHINGTON LAW AGAINST DISCRIMINATION (WLAD)
Under the Washington Law Against Discrimination (WLAD), RCW 49.60, it is an unfair practice, with very few exceptions, for an employer to refuse to hire any person, to discharge or bar any person from employment, or to discriminate against any person in compensation or in other terms and conditions of employment because of age (40+); sex (including pregnancy); marital status; sexual orientation (including gender identity); race; color; creed; national origin; citizenship or immigration status; honorably discharged veteran or military status; HIV/AIDS and hepatitis C status; the presence of any sensory, mental, or physical disability; the use of a trained dog guide or service animal by a person with a disability; and state employee or health care whistleblower status. It is also an unfair practice for an employer to retaliate against an employee because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit.
"To establish a prima facie case of disparate impact, the plaintiff must show that[:]
(1) a facially neutral employment practice
(2) falls more harshly on a protected class.